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Patna High Court

Sunil PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant the writ and disposed the petition, directing the petitioner to seek relief through the appropriate administrative remedy.

Summary

Sunil Prasad filed a writ petition against the State of Bihar and several revenue officials seeking a writ directing the completion of a pending enquiry against the Circle Officer of Kochas and the quashing of an order dated 18‑10‑2025 that was allegedly issued with bias. The petitioner argued that the order should be set aside despite an earlier order by the D.C.L.R. Sasaram in case M.A. 439/2024‑25. Counsel for the petitioner indicated that he would pursue an alternate remedy, and the State raised no objection. The Court observed that the petitioner should approach the appropriate authority for the remaining grievances and that the writ petition was not maintainable. Consequently, the petition was disposed without granting any relief.

Issues considered

  • Whether the order dated 18‑10‑2025 passed by the Circle Officer, Kochas, should be quashed on the ground of bias and a pending enquiry.
  • Whether the Court should direct the respondents to complete the pending enquiry against the Circle Officer.
  • Whether the petitioner has an alternative remedy that bars the grant of the writ.

Subjects

  • writ jurisdiction
  • administrative law
  • bias
  • pending enquiry
  • quash order
  • alternative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20813 of 2025
                 ======================================================
                 Sunil Prasad Son of Late Sidheshwar Prasad, Resident of Kranti Bharat Gas
                 Vitrak Kathrain Ward No. 11, Village Kathrain, P.O. Kathrain, P.S. Parbathua
                 (Kochas), District Rohtas.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
           2.    The Assistant Chief Secretary Department of Revenue, Govt. of Bihar,
                 Patna.
           3.    The District Magistrate, Rohtas, Bihar.
           4.    The Circle Officer Kochas, Rohtas.
           5.    The Circle Inspector, Circle/ Kochas, Rohtas.
           6.    The Revenue Kramchari Panchayat Kathrain, Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Rajesh Kumar Singh
                 For the Respondent/s   :        Mr.Government Pleader (14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-01-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ/ writs

                                            direction/ directions to the Respondent to

                                            complete the enquiry which is pending

                                            against C.O., Kohas (Annexure-8) and

                                            further be pleased to (A-9) quash the order

                                            dated 18.10.2025 (Annexure-9) passed by

                                            Circle officer Kochas passed in Case no.
         Patna High Court CWJC No.20813 of 2025(2) dt.08-01-2026
                                                    2/2




                                           1019 R 27/2025-2026 in spite of order

                                           passed by D.C.L.R. Sasaram in case no.

                                           M.A. 439/2024-25 due to biasness and

                                           enquiry is pending against the authority

                                           initiating      by      the   Collector,   Rohtas

                                           (Annexure-8) as per complaint filed by

                                           petitioner against Respondent no. 4 to 6.

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be pursuing alternate remedy

                   against the order in question passed by the Circle Officer,

                   Rohtas (Annexure-9 to the petition). The State has no objection.

                                4. So far as the other grievances are concerned, the

                   petitioner is well advised to approach the appropriate authority

                   in accordance with law.

                                5. The writ petition stands disposed of with the

                   aforesaid observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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